ST/SGB/2003/13
Secretary-General’s Bulletin
Special measures for protection from sexual exploitation
and sexual abuse
The Secretary-General, for the purpose of preventing and
addressing cases of sexual exploitation and sexual abuse, and taking
into consideration General Assembly resolution 57/306 of 15 April
2003, “Investigation into sexual exploitation of refugees by aid
workers in West Africa”, promulgates the following in consultation with
Executive Heads of separately administered organs and programmes
of the United Nations:
Section 1
Definitions
For the purposes of the present bulletin, the term “sexual
exploitation” means any actual or attempted abuse of a position of
vulnerability, differential power, or trust, for sexual purposes,
including, but not limited to, profiting monetarily, socially or politically
from the sexual exploitation of another. Similarly, the term “sexual
abuse” means the actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions.
Section 2
Scope of application
2.1 The present bulletin shall apply to all staff of the United Nations,
including staff of separately administered organs and programmes of
the United Nations.
2.2 United
Nations forces conducting operations under United
Nations command and control are prohibited from committing acts of
sexual exploitation and sexual abuse, and have a particular duty of
care towards women and children, pursuant to section 7 of SecretaryGeneral’s bulletin ST/SGB/1999/13, entitled “Observance by United
Nations forces of international humanitarian law”.
2.3 Secretary-General’s bulletin ST/SGB/253, entitled “Promotion of
equal treatment of men and women in the Secretariat and prevention
of sexual harassment”, and the related administrative instruction 1 set
forth policies and procedures for handling cases of sexual harassment
in the Secretariat of the United Nations. Separately administered
organs and programmes of the United Nations have promulgated
similar policies and procedures.
Section 3
Prohibition of sexual exploitation and sexual abuse
3.1 Sexual exploitation and sexual abuse violate universally
recognized international legal norms and standards and have always
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1
Currently ST/AI/379, entitled “Procedures for dealing with sexual harassment”.
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been unacceptable behaviour and prohibited conduct for United
Nations staff. Such conduct is prohibited by the United Nations Staff
Regulations and Rules.
3.2 In order to further protect the most vulnerable populations,
especially women and children, the following specific standards which
reiterate existing general obligations under the United Nations Staff
Regulations and Rules, are promulgated:
(a) Sexual exploitation and sexual abuse constitute acts of
serious misconduct and are therefore grounds for disciplinary
measures, including summary dismissal;
(b) Sexual activity with children (persons under the age of 18) is
prohibited regardless of the age of majority or age of consent locally.
Mistaken belief in the age of a child is not a defence;
(c) Exchange of money, employment, goods or services for sex,
including sexual favours or other forms of humiliating, degrading or
exploitative behaviour, is prohibited. This includes any exchange of
assistance that is due to beneficiaries of assistance;
(d) Sexual relationships between United Nations staff and
beneficiaries of assistance, since they are based on inherently
unequal power dynamics, undermine the credibility and integrity of the
work of the United Nations and are strongly discouraged;
(e) Where a United Nations staff member develops concerns or
suspicions regarding sexual exploitation or sexual abuse by a fellow
worker, whether in the same agency or not and whether or not within
the United Nations system, he or she must report such concerns via
established reporting mechanisms;
(f) United Nations staff are obliged to create and maintain an
environment that prevents sexual exploitation and sexual abuse.
Managers at all levels have a particular responsibility to support and
develop systems that maintain this environment.
3.3 The standards set out above are not intended to be an
exhaustive list. Other types of sexually exploitive or sexually abusive
behaviour may be grounds for administrative action or disciplinary
measures, including summary dismissal, pursuant to the United
Nations Staff Regulations and Rules.
Section 4
Duties of Heads of Departments, Offices and Missions
4.1 The Head of Department, Office or Mission, as appropriate, shall
be responsible for creating and maintaining an environment that
prevents sexual exploitation and sexual abuse, and shall take
appropriate measures for this purpose. In particular, the Head of
Department, Office or Mission shall inform his or her staff of the
contents of the present bulletin and ascertain that each staff member
receives a copy thereof.
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4.2 The Head of Department, Office or Mission shall be responsible
for taking appropriate action in cases where there is reason to believe
that any of the standards listed in section 3.2 above have been
violated or any behaviour referred to in section 3.3 above has
occurred. This action shall be taken in accordance with established
rules and procedures for dealing with cases of staff misconduct.
4.3 The Head of Department, Office or Mission shall appoint an
official, at a sufficiently high level, to serve as a focal point for
receiving reports on cases of sexual exploitation and sexual abuse.
With respect to Missions, the staff of the Mission and the local
population shall be properly informed of the existence and role of the
focal point and of how to contact him or her. All reports of sexual
exploitation and sexual abuse shall be handled in a confidential
manner in order to protect the rights of all involved. However, such
reports may be used, where necessary, for action taken pursuant to
section 4.2 above.
4.4 The Head of Department, Office or Mission shall not apply the
standard prescribed in section 3.2 (b), where a staff member is legally
married to someone under the age of 18 but over the age of majority
or consent in their country of citizenship.
4.5 The Head of Department, Office or Mission may use his or her
discretion in applying the standard prescribed in section 3.2 (d),
where beneficiaries of assistance are over the age of 18 and the
circumstances of the case justify an exception.
4.6 The Head of Department, Office or Mission shall promptly inform
the Department of Management of its investigations into cases of
sexual exploitation and sexual abuse, and the actions it has taken as
a result of such investigations.
Section 5
Referral to national authorities
If, after proper investigation, there is evidence to support
allegations of sexual exploitation or sexual abuse, these cases may,
upon consultation with the Office of Legal Affairs, be referred to
national authorities for criminal prosecution.
Section 6
Cooperative arrangements with non-United Nations entities or
individuals
6.1 When entering into cooperative arrangements with non-United
Nations entities or individuals, relevant United Nations officials shall
inform those entities or individuals of the standards of conduct listed
in section 3, and shall receive a written undertaking from those
entities or individuals that they accept these standards.
6.2 The failure of those entities or individuals to take preventive
measures against sexual exploitation or sexual abuse, to investigate
allegations thereof, or to take corrective action when sexual
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exploitation or sexual abuse has occurred, shall constitute grounds for
termination of any cooperative arrangement with the United Nations.
Section 7
Entry into force
The present bulletin shall enter into force on 15 October 2003.
(Signed) Kofi A. Annan
Secretary-General
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